Wk7Practice Areas Case Law And Legal
Involuntary civil commitment is related to competency in terms of hospitalization for individuals with psychological or psychiatric issues against their will. All states in U.S allow such commitment on emergency and extended situations. In general, the statute allows an emergency commitment of 3 to 10 days and an extensive commitment for 3 to 6 months depending on recommitment events. With some variations throughout the states, the party striving for the commitment has to probe by clear and substantial evidence that the individual in question is in fact mentally ill and in demand of treatment. In the case of intellectually disable individuals, they must be believed a danger to self or others or too disable, incapable of meeting his or her needs. Even though intellectually disabled individuals have a right to an attorney but in some cases, they act more like a parent, advocating for treatment instead of legal rights. A controversial situation in this field, is the civil commitment of sex offenders. In some cases, if the offender is proven to be a sexually violent criminal, the prosecutor might consider civil commitment as a solution for after the incarceration time.
Civil commitment can be accomplished in a less restrictive alternative, outpatient civil commitment. The courts are empowered to order “ outpatient treatment orders’ or “ orders of nonhospitalization” (Barton, 2011). Typically, the individual lives at home or foster home and comply with the prescribed drugs. Not too long ago, most states required proof that the individual was mentally ill and dangerous to self and others. However, that has changed and now it is only required to proof only mentally illness. The new criteria is a method of prevention, treating the individual before he or she can potentially become dangerous to self and others.
Forensic psychologists are involved in both, involuntary and outpatient civil commitment, providing assessment skills to determine whether the individual
References: Bartol, C. R., & Bartol, A. M. (2012). Introduction to forensic psychology: Research and Application(Laureate Education, Inc. (custom ed.) ed.). Thousand Oaks, CA: SAGE Publications.